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AYER v. U.S.

No. 89-2035.

902 F.2d 1038 (1990)

Donald W. AYER, Jr., Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 14, 1990.

Attorney(s) appearing for the Case

Barbara A. Cardone with whom Phillip D. Buckley and Rudman & Winchell, Bangor, Me., were on brief, for plaintiff-appellant.

Michael M. DuBose, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., Augusta, Me., and Margaret D. McGaughey, Asst. U.S. Atty., Portland, Me., were on brief, for defendant-appellee.

Before CAMPBELL, Circuit Judge, and COFFIN and BOWNES, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

While participating in a visitor's tour of Vandenberg Air Force Base, Donald W. Ayer, Jr. fell and was injured. He brought suit for damages under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674, on three counts. Count I alleged that the United States had failed to provide and maintain reasonably safe premises for civilian invitees. Count II claimed that the government had failed to warn tour members of the dangers presented...

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